Healthcare Reform & the Magisterium

In this spring’s debate over the healthcare bill, one of the disagreements that raised eyebrows most in Catholic circles was that between the US bishops conference and the Catholic Healthcare Association and other similar groups. The bishops claimed that the healthcare bill would lead to federal funding of abortions, while CHA et al. concluded that it would not.

In my opinion and that of numerous observers (including most of my fellow contributors here at TAC), the bishops were correct and CHA was horribly, terribly wrong.

There is another question, though… was CHA disobedient? That is, were they obliged as Catholics to accept the conclusions of the bishops conference? Was the activity of the bishops conference an act of their teaching charism which American Catholics were obliged to give their assent to?

This question strikes me as more difficult to answer than whether or not CHA was right or wrong in their conclusions, because the issue here is the competence of the Magisterium to determine the consequences of a particular legislative bill. I and many others think that the conference’s position was correct, but am I obliged to believe that because of the bishops’ authority on the matter, or because I am persuaded that their conclusions are valid? If the former, then it seems that we are saying that we are always bound to accept the bishops’ reading of any particular legislative bill. But are we?

It seems to me that in this case, the issue in question is the authority of the Magisterium to evaluate legislation, not the morality of federal funding of abortion. On the latter there is no doubt, but that is not so clear on the former.

Thoughts? Does the authority of the Magisterium extend to this sort of legislative analysis? If it does not, then how ought faithful Catholics respond to this sort of activity on the part of bishops? Are we free to choose which lobbying efforts of the bishops we agree with, as issues of prudential judgment? Or are we obliged to assent to the findings of the bishops on these matters?

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I do not think the Catholic Health Association was “disobedient” for not taking the same position as the Bishops. I do think it was a bad political decision and I am not sure if the official stance reflected the views of every member of the CHA. The responses in the media and the internal “church war” did little to serve the visible unity of the Church. I think it could have been a more tactful disagreement — a suggestion, perhaps, that the Bishops’ reading of the legislation might need a second analysis. But it was a very pronounced disagreement that was unfortunately hijacked by the political operatives and partisan Catholics more than ready to paint the USCCB in bed with the Republicans — and we’ve surely gotten portraits of the opposite, that is, of the USCCB having succumbed to liberal politics. I’d like to think that both sides seriously needs to rethink their Catholicism before trying to translate their faith into contrived, acceptable political platforms rooted in secular schools of thought.

I do thinks the Bishops were right in their basic analysis, but I do think some of the criticisms of their conclusions were actually very legitimate. I think there more at stake in the health care debate — something deeper than — than health care policy, or even the right-to-life issues.

There was a lot of misinformation, single-word slogans, and rhetoric and willful partisan fighting to simply win. This was most unfortunate.

I do not think the Senate compromise on the abortion language was necessarily immoral. Politically, it was not what we would desire first, but I don’t think it was a riot. It surely wasn’t the Capps’ language that required in explicit terms abortion funding. I thought that claims that the language was absolutely unacceptable were terribly exaggerated. I believe the scare over CHC’s were a bit naive.

The serious overriding issue was that the legislation did not say explicitly, leaving room for no ambiguity that no provision in the Act would allow funds to be used to subsidize abortion. The Act did not say that abortion could be funded rather it remained silent. The problem is — to my understanding — is that abortion jurisprudence in the last few decades has a clear tradition of allowing abortion funding when Congress does not explicitly exclude it when it calls for, say, “comprehensive services.” The logic obviously being that abortion is a legal medical procedure and if it is not singled out, then it should be included amongst “comprehensive” and/or “preventative” services.

There was a Colloquy (a pre-scripted dialogue that goes on the record to clarify and illuminate Congressional intent on certain provisions of a bill) before the House vote on the health care bill that clearly stated that the legislation would be subject to the spirit of Hyde as is all other federal programs.

Such a colloquy could be cited in Court as evidence to clarify the intention of Congress (when debating whether Congress intended to allow abortion to be funded). An Executive Order obviously would be overturned if it contradicted an explicit statutory law. The problem is that President Obama’s EO does not contradict statutory law and therefore is not absolutely guaranteed to be overturned by a court. But that doesn’t mean that it would hold up in Court either. It could, but then again, it could not.

Therefore the security of the pro-life provisions are undesirably weak. I think this would be reason enough — even though there were plenty of other reasons — to hold out for amendments to statutory law to ensure that there would no insecurity and no ambiguity over the fate of the pro-life provisions of the bill.

This is obviously a prudential assessment of the situation and it is clear that I, with a few disagreements, came to agree with the Bishops.

However, anyone who sincerely and honestly disagreed may not be “disobedient” or a dissident Catholic. Obviously they could be. But I’m not really talking about party operatives or Catholics who are pro-choice or for whom abortion was never really an issue.

Someone may come to a different conclusion and I’m sure they would present the case for the EO and the final abortion language quite differently. I don’t think they would be correct but I’m not ready to claim that they are a “disobedient” Catholic.

This brings us back to your fundamental question: was the Bishops’ position on health care an act of the Magisterium? No. I think the approach was very political and pragmatic. The Bishops mostly focused on abortion, conscience clauses for health care professionals, and access for legal immigrants. But there was so many other concerns — voluntary and involuntary euthanasia, government and private-sector rationing of medical care, abuses regarding organ donation (particularly those resulting in euthanasia) mostly because of the dubious concept of “brain death,” not to mention, financial sustainability and the overall structure of the health care system itself. The moral principles are all there but there be an array of policy perspectives from those who fundamentally agree. So I’m not sure sharing the conclusion of the Bishops (as long as one was agreeing morally) was necessary to remain a Catholic in good standing. I’d say it is probably wise not to tread too far from the Shepherds for they have a vast resource pool from which to draw to form very informed and moral conclusions.

But if the Bishops’ analysis of legislation is an act of the Magisterium then their endorsement or opposition to any legislation whether it’s health care, immigration, or any such thing, no Catholic could disagree. And I’m pretty sure a number of Catholics, particularly in conservative circles, don’t share the USCCB’s position on immigration and therefore I’d suspect that wouldn’t go so far as to say we must always agree with the Bishops’ prudential policy judgments.

Can one be disobedient and not violate the Magisterium? If so, I think that happened here.

I don’t think there was anything close to dogmatic in the bishops’ evaluation of the bill (other than abortion funding is wrong). That said, even in non-dogmatic matters deference is owed to the bishops. If one disagrees with them, one must do so after prudential consideration. Furthermore, I think one ought not to be actively campaigning against them.

So while the CHA could disagree with the bishops, I don’t think they cared one hoot about what the bishops thought. Indeed, many of the liberal Catholics started painting this picture of the bishops as silly old buffoons easily misled by the NLRC and other Republican groups masquerading as pro-lifers. Worse, the CHA and others went out of their way to show their Catholicism in support of the bill, clearly frustrating the bishops message.

Nothing the left did shows any support or obedience to the bishops, even if dogma did not require them to agree with them.

“So while the CHA could disagree with the bishops, I don’t think they cared one hoot about what the bishops thought. Indeed, many of the liberal Catholics started painting this picture of the bishops as silly old buffoons easily misled by the NLRC and other Republican groups masquerading as pro-lifers. Worse, the CHA and others went out of their way to show their Catholicism in support of the bill, clearly frustrating the bishops message.”

Bingo! The magisterium that they are loyal to has little to do with the magisterium of the Catholic Church.

It seems to me that Sr. Keehan, the CHA et al. went out of their way to snub the Bishops, ignored the Bishops prudential judgment, and were indebted to helping the liberal establishment in passing any type of socialist or national health care regardless of what the consequences are going to be for unborn babies, elderly, and the rest of the most vulnerable human beings. They did not feel any obligation to follow the Magisterium and avoid scandal or a scandalous perception.

Obviously the bishop’s position on the health care bill was not a magisterial teaching. Lay Catholics take no vow of obedience to their bishops.

I am one who thought Capps-Stupak would’ve been great but not absolutely necessary for me to support the bill. I ultimately opposed the bill on the grounds that the bishops told me to and, considering the politics, there was more to be lost in opposing the voice of the Church in America than opposing the bill.

In other words the USCCB is not an “American Magesterium” – despite the efforts of the bureaucrats who manipulate “the bishops” efforts to pose as such.

There is an old saying that there are two things you never want to see being made – sausage and the law. I would add a third, a document from the USCCB.

Their watered down “documents” more often than not muddy crystal clear church teaching after laborious twisting and contorting aimed at preventing anyone form being “offended”. If you don’t believe me – watch the TV coverage of the next USCCB Conference where endless debates over every punctuation mark will bring you to tears. Our “Shepherds” have become congressmen.

Call the USCCB what it is – an administrative body stuffed with career bureaucrats that speaks out on politics – mostly with liberal positions. The entire mess should be shut down.

Their priorities seem to lie with secular, humanist progressives. For the secularist, man is the end all and be all and the greatest good is not saving souls but making life better for the convict, drug addict, drunk, felon, fornicator, illegal invader, murderer, rapist, thief, et al: all at the expense of the evil, racist, rich unjust American taxpayer.

The COMMON GOOD???? Likely (my opinion), every (except the rulers in DC) American will be reduced to an equal level of health care misery and desperation.

It is a moral teaching and directive – not to support a law that promotes or supports abortion.

It has Magisterial binding power coming from each individual bishop who concurred with that. And the pols under the bishop’s authority is obliged to obey as the Lord is to be obeyed. “He who listens to you, listens to me.”

I don’t think it’s a matter of being obedient or disobedient to the Bishops per se…it is a matter of being obedient or disobedient to the teachings of the Roman Catholic Church. Lawyers studied the bill and I have read part of it where the bill gives Kathleen Sebelius major authority down the line to distribute federal funds as she sees fit and we know that ‘Catholic’ Kathleen Sebelius is rabidly proabortion, was a friend and colleague of George Tiller who terminated viable babies in the womb…abortion is a grave evil and anyone participating in any way is cooperating with this evil…Sr. Keehan and her group can disagree or not with the Bishops but – they have defied the teachings of the Church which teaches that abortion is the killing of a human in the womb…Canon Law states clearly that anyone publicly promoting such evil cannot receive the Eucharist…our Bishops do not enforce this which is, I believe, why these ‘Catholics’ are becoming more and more defiant and arrogant in their advocacy for abortion. I was told that Joe Biden went to Africa to convince them to legalize abortion in order to receive aid…the Africans don’t want to kill their babies!!! Pelosi preaches about how ‘the Word’ is so important to her…the word was made flesh…where does she think the word became flesh???? In the womb of Mary the mother…would Pelosi have fought so ferociously to exterminate the baby in the womb of Mary? I don’t think we are obliged to follow the advice of Bishops but we surely are not meant to publicly defy them…I think it’s time for the Vatican, for Pope Benedict,to speak into this issue just as he did in his letter to the Irish Bishops – he spoke strongly and forcefully against the abuse of children in Ireland…well, we are talking here about the extermination of human babies in the wombs of their mothers…millions and millions of them!!!!! It must be stopped…please God the Bishops will have the courage to tell Pelosi and Biden and others who advocate for abortion that they are not Catholics in good standing and that until and unless the publicly reject their pro abortion stand they cannot receive the Eucharist…until they do, the slaughter will go on…and on and on…

But, I would like to point out that the Pope just recently talked to the priests about using the “rod” against heresy.

“The Church too must use the shepherd’s rod,” he said, “the rod with which he protects the faith against those who falsify it, against currents which lead the flock astray.”

“Today we can see that it has nothing to do with love when conduct unworthy of the priestly life is tolerated. Nor does it have to do with love if heresy is allowed to spread and the faith twisted and chipped away, as if it were something that we ourselves had invented.”

The Health Care Bill put together with the USCCB and CHA equals a headache. But I’m glad that you’ve narrowed down the discussion with your last paragraph: “Does the authority of the Magisterium extend to this sort of legislative analysis? If it does not, then how ought faithful Catholics respond to this sort of activity on the part of bishops?

As previous commentators have said already very thoroughly, the USCCB has no teaching authority. They do serve as a guide for how to apply real Church teachings to real life for Catholics but this does not mean everything they say or suggest is infallible and in fact is sometimes quite the contrary.
Faithful Catholics ought to listen respectfully and try and understand what the USCCB stands for and may be trying to teach us. I think though, that if one does disagree with some or all of a statement or a posistion of the USSCB they do have a duty to disagree tastefully and respectfully. If love is not part of the motivator behind the disagreement then there’s a problem.

Does the authority of the Magisterium extend to this sort of legislative analysis? If it does not, then how ought faithful Catholics respond to this sort of activity on the part of bishops?

It does not. The bishops do not, as bishops, have the authority to interpret the meaning and consequences of civil legislation. If the bishops had this authority and competency, they would be able to provide an official Catholic interpretation of other documents, such as the U.S. Constitution. But, of course, we don’t look to the bishops for whether we ought to interpret the Constitution as a “living document” or as its writers intended. Such questions reside outside their domain.

On the other hand, I understand the frustration the bishops feel at the very public disagreement with them made by the CHA and others. They have sought to understand the legislation as best they can, have judged it to be morally problematic, and have, because of their concerns about the potential immoral consequences of the legislation, spoken out against it. Then they see other public Catholics disagree with their conclusions about it. A messy situation, to say the least, but then, the moral life is messy.

In the case of “Obamacare,” at least, we will soon know who was right. Either it will fund abortions or it won’t.

Kyle,
I agree that the Bishops don’t have the authority to make it obligatory for Catholics to either support or oppose specific pieces of legislation when it comes to the Bishops’ prudential judgments. But, if after researching a particular piece of legslation the Bishops oppose that piece of legislation because of coming to a conclusion that that particular piece of legislation will indeed cover abortions or fund abortions, wouldn’t that fall under the Magisterium’s authority since abortion is an intrinsic evil?

I would rather be safe than sorry, and be absolutely sure that this piece of legislation does not have federal funding for abortions on demand or taxpayer funded abortions then find out later that Obamacare does fund abortions.

But, if after researching a particular piece of legslation the Bishops oppose that piece of legislation because of coming to a conclusion that that particular piece of legislation will indeed cover abortions or fund abortions, wouldn’t that fall under the Magisterium’s authority since abortion is an intrinsic evil?

Nope. The question here isn’t whether or not abortion is evil or whether or not funding abortion is evil – questions Catholics believe the bishops have authority to speak on. The question here is whether or not this legislation will fund abortion, which isn’t a question of faith and morals, but of legal meaning and consequence.

“…we will know soon know who was right. Either it will fund abortions or it won’t.”

Though on the question of conscience I think it may take longer.

Are there any protections for health care workers or hospitals that are Hyde Ammendment-like. That is, will Catholic health care workers and hospitals be able to refuse medical treatments that violate medical ethics? Can the state say to them that if contraception or abortion, etc. is not provided, then they can be denied health care dollars?

I would also say that Bishop conferences can teach with magisterial authority but that this is limited to a doctrinal matter and seems to require a unanimous vote (see Apostolos Suos). When it comes to prudential application of doctrinal principles, a Catholic may licitly disagree.

Thus the arguments that some (not all) in CHA and others offer are licit though I think wrong especially beyond questions regarding abortion. When others disagree with immigration policies or even the general thrust of a document such as Faithful Citizenship, they are also free to do so.

Here is an example of why we need to heed our Bishops words, and why our perceptions as to what constitutes “prudential” judgement may not merely fall under the umbrella of prudential judgment in the case of health care reform.

“Federal funds in the Act can be used for elective abortions. For example, the Act authorizes and appropriates $7 billion over five years (increased to $9.5 billion by the Health Care and Education Reconciliation Act of 2010) for services at Community Health Centers. These funds are not covered by the Hyde amendment (as they are not appropriated through the Labor/HHS appropriations bill governed by that amendment), or by the Act’s own abortion limitation in Sec. 1303 (as that provision relates only to tax credits or cost-sharing reductions for qualified health plans, and does not govern all funds in the bill). So the funds can be used directly for elective abortions.
The Act uses federal funds to subsidize health plans that cover abortions. Sec. 1303 limits only the direct use of a
federal tax credit specifically to fund abortion coverage; it tries to segregate funds within health plans, to keep federal funds distinct from funds directly used for abortions. But the credits are still used to pay overall premiums for health plans covering elective abortions. This violates the policy of current federal laws on abortion funding, including the Hyde amendment, which forbid use of federal funds for any part of a health benefits package that covers elective abortions. By
subsidizing plans that cover abortion, the federal government will expand abortion coverage and make abortions more accessible.
The Act uses federal power to force Americans to pay for other people’s abortions even if they are morally opposed.
The Act mandates that insurance companies deciding to cover elective abortions in a health plan “shall… collect from each enrollee in the plan (without regard to the enrollee’s age, sex, or family status) a separate payment” for such abortions. While the Act says that one plan in each exchange will not cover elective abortions, every other plan may cover them — and everyone purchasing those plans, because they best meet his or her family’s needs, will be required by federal law to fund abortions. No accommodation is permitted for people morally opposed to abortion. This creates a more overt threat to
conscience than insurers engage in now, because in many plans receiving federal subsidies everyone will have to make separate payments solely and specifically for other people’s abortions. Saying that this payment is not a “tax dollar” is no help if it is required by government.”

Teresa,
First, I agree that disagreement with the USCCB is not in and of itself disobedience in any proper sense. So I have no quarrel with the CHS if its interpretation of the law differs.
That said, the explanation you quote is pretty compelling. Has the CHA ever responded with similar clarity? As an attorney, I am well aware that reasonable people can in good faith interpret a law differently. I am prepared to believe that is what is happening here, but given the USCCB’s general affection for liberal causes its opposition to the health care legislation does seem credible.

For example, the Act authorizes and appropriates $7 billion over five years (increased to $9.5 billion by the Health Care and Education Reconciliation Act of 2010) for services at Community Health Centers.

CHAs haven’t performed abortions. Many if not all of them would have to change charters in order to do so.

These funds are not covered by the Hyde amendment
This is a point of dispute.

Sec. 1303 limits only the direct use of a
federal tax credit specifically to fund abortion coverage; it tries to segregate funds within health plans, to keep federal funds distinct from funds directly used for abortions. But the credits are still used to pay overall premiums for health plans covering elective abortions.

There is no moral requirement to limit indirect funding. Federal housing dollars do not discriminate between women that have and have not had abortions. The tax code does not distinguish deductibility of premiums between plans that offer abortion and those that don’t. Further, there is no substantive difference between this and the USCCB’s endorsed Stupak compromise of requiring a rider be offered to the policies. With an executed abortion rider, a subsidy would still be offered to plans that “cover abortion.”

everyone purchasing those plans, because they best meet his or her family’s needs, will be required by federal law to fund abortions.

And this is really no different than today. As a consequence of where one works, one may be forced to subscribe to a plan that covers abortion. However, the idea that the plan that will “best meet his of her family’s needs” will be the one that covers abortion is malarkey and product of closing one’s ears to what insurance company’s have been saying. Insurance professionals have been claiming that they hard pressed to offer a plan with abortion due to the additional costs involved. Due to the additional costs, insurers believe they will have difficulty capturing subscribers on plans that offer abortion benefits.

I’m not sure Phillip. Do you (or anyone) happen to know what is current law regarding conscience protections?

What are the laws on the books and are they being properly enforced? I think this question is getting regularly overlooked and new laws are being crafted unnecessarily when we could simply enforce or clarify existing law.

But that is all contingent on whether existing law is sufficiently pro-life.

The next time there is a Republican Congress, the Hyde amendment needs to cease being an budgetary amendment attached to appropriation bills and voted on year-after-year and rather introduced as federal-wide legislation governing any and all monies. This could in effect end domestic subsidizing abortion and act as a permanent “Mexico City Policy” that prohibits funding of abortion on the international stage.

The other thing is with such widespread abuse on conscience rights as the Bishops note (which I’m assuming didn’t just start happening post-November 2008), current conscience laws should be updated and clarified.

I’m not sure how this has just now become an issue. We most certainly have dropped the ball on the first item.

I think the latter story involving the Catholic college could be solved with contracts and this is a solution from a perspective of subsidiarity. But all employers of Catholic institutions should sign a contract stating in clear terms that all medical care and benefits offered to employers, spouses, children, etc will be in line with the clear and consistent teachings of the Catholic Church and no comprehensive plans or benefits will include abortion or birth control.

The obvious point is that such things if people were to choose those things — unfortunate as it is — they would have to use their own funds.

There really shouldn’t have to be a need to resort to such protective measures, but it has become increasingly necessary.

I think the conscience clause became an issue in Jan/Feb 2009 when the Obama administration stated it was rescinding Bush era protections. Before this it was undoubtedly a problem at local levels which prompted Bush era efforts. Prior to Bush I think most organizations/states accepted that health care professionals could refuse certain procedures that violated their conscience. I know as a medical student and resident I refused to take part in abortions, sterilizations and prescribing birth control. No one gave me grief over this (this was in the 80’s after all.)

The position from the USCCB that points out the need to conscience protections. The threats seem to originate as I noted in the new millenium. Thus the Bush protections and the threat to such protections from Obama administration efforts:

“…because the issue here is the competence of the Magisterium to determine the consequences of a particular legislative bill.”

I suspect that the National Bishop’s council is a different entity than the “magesterium” and as such has “no hierarchal authority.”

I still await their justification of failing to engage the Catholic issue of solidarity and their earlier approval of “the Welfare state”(Obamacare without abortion) so excoriated by JPII – not to mention their silence on the “death panels” government intrusion into end of life moral decisions by free citizens.

I wonder why the eccleasial construction of the three bishops who wrote the final turnaround letter after the Stupak fiasco blew up in their faces was labeled the “migrant” bishop? Could that be that socialized Obamacare was really about immigration which the Catechism says is the business of the laity?

Do they yet have any outside objective investigation ongoing or in the pipeline to find out how they jeopardized charity for the poor itself, by funneling all those millions to ACORN (long known to be of questionable character) to help elect the most pro- abortion pro-infanticide president in history. (thy still haven’t written a pastoral letter of protested about Obama”s installation of the principle of intent allowing the slaughter of a baby outside the womb because the mother intend to abort or simply asked -how long Obama, does such intent last?

There are far too many unanswered questions about the national bishop’s council to blindly follow what appears to be their politics, as opposed to their obligation to lead souls to salvation.

I also think the question of the “smoke of Satan in the tabernacle” finally raised by the late Pope Paul continues to require some housecleaning and serious redirection of the American Chiurch at its highest levels. Notre Dame honoring Obama (the first openly infanticide president in history)and the public silence of more than two thirds of our shepherds in the face of that scandal ought to have been the clue that more than healthcare needs to be reformed.

These nuns think they can speak for the Church. So, they offer an alternate teaching. And the media whores quickly pick up on the scandal that they’re causing. They’re applying American principles of independence and feminism in places where those do not apply. The community of faith is not a democracy even if they want to make it such and have themselves voted into power. The community of believers are not independent from their traditional and historical origins and an American revolution will not change that nature. But deluded with their degrees and having too much time in their hands plus the limelight of a secular press, these women forge on and wound the very people that they pretend to serve.